Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41340 of 2021 Applicant :- Subhash Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.52 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station- Panki, District- Kanpur Nagar.
Learned counsel for the applicant contended that the applicant has been booked for offence against Gangster Act on the basis of single case as shown in the gang-chart and in which the applicant is already enlarged on bail, copy of the bail order is annexed in Annexure no. 3 in the affidavit. The applicant has been falsely implicated in the present case. The applicant is not a previous convict. The applicant who is in jail since 08.10.2020 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the fact that there is no record of previous criminal history.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Subhash involved in the aforesaid, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 21.12.2021 Krishna*